JVR Law Logo
HOME | ABOUT US | CONTACT US | LINKS | PRACTICES | FAQ's
Criminal Record Removal | Pretoria East Lawyer | Moreleta Park Attorney
 FAQ's
How long does a divorce take to be finalised?
I want to divorce my spouse, where do I begin?
I canít afford the services of an attorney, is there any other way that I can get divorced?
How do I ensure access to my minor child?
I have a traffic conviction from 1997, can I have this removed?
Is my will legal? I wrote down what I wanted on a piece of paper and signed it.
A family member has passed away and I am the executor, can I receive any assistance in winding up the estate?
Iím selling my house. Can I choose the lawyer to attend to this? And what are the costs involved?
Iím buying a restaurant and know that I need a liquor license, how do I get one?
My employer is retrenching staff. What are my rights?
I am currently experiencing problems with an employee. What can I do?
My previous employer treated me so badly that I had no option but to resign. Is there anything that I can do?
One of my clients owes me money since 2006. Can I still collect this?
How does the National Credit Act affect my rights to collect outstanding debts?
The father of my child does not want to contribute any money towards my child. What can I do?
I have been served with a summons. What do I do now?



How long does a divorce take to be finalised?
An unopposed divorce where both parties agree to a settlement can be completed within 3 months. An opposed divorce can take up to 18 months to be heard in court.
I want to divorce my spouse, where do I begin?
When a person has decided on divorcing their spouse, the best thing is to immediately contact a divorce attorney. As divorce attorneys, we can advise you on a strategy, taking into account your personal circumstances, so that the divorce can be completed as quick as possible and with as little discomfort to yourselves as possible.

After you have consulted with your attorney, the next step would be to serve a summons on the other spouse. This would begin proceedings. After this, matters can go 2 ways. If the spouses are in agreement with their property and children, then they may settle the matter. The settlement agreement can then become an order of court. This is a shorter and cheaper way to divorce.

If parties do not want to settle as there are many issues in dispute, then proceedings may take longer to finalise.
I canít afford the services of an attorney, is there any other way that I can get divorced?
Yes, you have a few options. If you are unemployed, you may seek legal assistance with the legal aid board. If you do earn a minor salary, then you can approach any of the law clinics attached to the various Universities in South Africa. They will assist you with the matter at no charge, or at very little charge.

If you do not fall into the above categories, you may institute divorce proceedings yourself via the Central Divorce Court. This court is based in the Family Court in Marshaltown, Johannesburg. Here you have the opportunity to institute legal proceedings by yourself with the assistance of court officials.

It is advised that it is best to seek these services if you believe that your divorce may be unopposed and easily settled or if you cannot afford an attorney. If your divorce is going to be opposed, involves large assets, any property and/or children, then it is best to seek the services of an attorney. As divorce attorneys, we can assist you throughout the whole procedure, ensuring that you are protected and that all your interests are also protected.
How do I ensure access to my minor child?
The best manner in which to ensure access to your minor child is to complete a parenting plan. This plan is submitted to the Childrenís Court and has the status of a court order.

Both unmarried and divorced parents can utilise this. Where a parent is divorced, access and all relevant aspects relating to a minor child are regulated in the deed of settlement, which is made an order of court on finalisation of the divorce.

The Family Advocate is also often involved. Upon application by the parties, the Family Advocate institutes an inquiry during which the Family Advocate interviews the parties to ascertain their personal circumstances and the background details to their matter. The Family Advocate then interviews the children to allow them the opportunity to be heard. This prevents the child from having to appear in Court.

The Family Advocate assists the parties to reach an agreement on disputed issues, namely custody, access and guardianship. If the parties are unable to reach an agreement, the Family Advocate evaluates the partiesí circumstances in light of the best interests of the child and makes a recommendation to the Court with regard to custody, access or guardianship.

Non compliance with a court order is seen as being in contempt of court, and an application can be brought to court to enforce the court order.

We consider the interests of the minor to be of vital importance and can assist you in obtaining structured and meaningful access to your child.
I have a traffic conviction from 1997, can I have this removed?
Convictions older than 10 years where no prison time has been served can be removed through a process called Expungement.
Is my will legal? I wrote down what I wanted on a piece of paper and signed it.
A will must be in writing, signed by the testator and two witnesses, all in the presence of each other. We can assist you in drafting a simple will at very little cost, alternatively, if you have many assets and bequests, then we can assist you in drafting a will that will set out and contain everything of importance to you.
A family member has passed away and I am the executor, can I receive any assistance in winding up the estate?
Yes, as attorneys, we can help you to wind up the estate by assisting you in adhering to the requirements set out in the will, liquidating the estate, claiming money due to the estate, paying any monies owed by the estate and splitting the proceeds between the heirs. We will further assist you in submitting the estate to the master of the High Court to finalise.
Iím selling my house. Can I choose the lawyer to attend to this? And what are the costs involved?
As seller, you have the right to elect the conveyancer to attend to the transfer of your house. The buyer is responsible for the transfer costs which are related to the purchase price. As seller, you will have incidental costs such as the amount due to the municipality to obtain a rates clearance certificate.
Iím buying a restaurant and know that I need a liquor license, how do I get one?
This is an application made to the Liquor Board. We can assist you through the whole process, and doing everything on your behalf. This will allow you to concentrate on developing your business, while we ensure that everthing possible is done to procure your license in the quickest available time.
My employer is retrenching staff. What are my rights?
The Labour Law stipulates that as soon as an employer contemplates retrenchment, that there must be consultation between the employer and employees. This consultation should cover the alternatives to retrenchment, the criteria used and the severance package being offered. If no consultation occurs, then the employer may be liable for retrenching without using the correct procedure and this may mean that the employer can institute proceedings at the CCMA.
I am currently experiencing problems with an employee. What can I do?
South African labour law is very strict, and prevents an employer from firing a staff member or employee without stringent requirements being met.

If an employee has committed certain offences, then the employer may start disciplinary procedures. This includes issuing letters of warning, final letters of warning and if the behaviour continues, or is drastic, it may result in a disciplinary hearing and inevitably dismissal.

In order to ensure that you will not be liable for any action taken against you by your current or previous employees, it is very important that you have in place a structured procedure for dismissals and that you further understand exactly what offences you can take disciplinary action against.

Certain disciplinary offences carry more weight than others, and it is our job as your attorneys to assist you in taking the correct action against certain offences.

We can assist you in creating a structure for your work environment, so all the parties are aware of the rules of conduct, and they are further aware of the disciplinary procedures in place. This will make it easier for you as an employer to manage your staff and your business. We also assist you in developing disciplinary procedures that are in line with our law, allowing a clear and concise path for disciplinary action so that you should not be liable for any CCMA actions against you.
My previous employer treated me so badly that I had no option but to resign. Is there anything that I can do?
If an employer has made your work environment intolerable, resulting in your resignation, they are liable for constructive dismissal. Even though you resigned, the courts see the matter as a dismissal by your employer. If you have suffered as a result of constructive dismissal, you can take your employer to the CCMA. We can assist you in instituting the matter with the CCMA, assist you in preparing for it and assisting you obtaining a successful result.
One of my clients owes me money since 2006. Can I still collect this?
All debts prescribe within a period of three years. Should you have made no contact with your client since the debt arose in an attempt to collect the outstanding amounts, then you will not be able to collect the debts.
How does the National Credit Act affect my rights to collect outstanding debts?
The NCA has regulated the collection of outstanding amounts and the letter of demand must comply with these requirements. If this has occurred, the normal civil debt collection procedure is available.
The father of my child does not want to contribute any money towards my child. What can I do?
You may approach any maintenance court for assistance in this regard. You do not need to be represented by at attorney in the maintenance court, but you may be represented by an attorney if you wish.
I have been served with a summons. What do I do now?
The first thing that you need to do is to contact an attorney. You will need to serve and file a notice of intention to defend, followed by a plea and a possible counterclaim.

It is imperative that you serve and file your notice of intention to defend and the plea within the time frame given. If not, you may have default judgement granted against you and you would not have had an opportunity to defend the matter in court.

We can assist you with your matter, advising you on the correct strategy to suit you, drafting the relevant pleadings and representing you in court.
 MAKE CONTACT!
 
Name & Surname
Company or Organisation
Contact Number
Email Address
Short Description of What You Need
Re-type the code:
Copyrighted JVR Law 2010 | Terms and Conditions
Site designed by 8IT
Link to Us | Link Partners